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SECOND REGULAR SESSION
HOUSE BILL NO. 2207
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE MA YHEW .
5166H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 393, RSMo, by adding thereto fifteen new sections relating to the electric
choice and competition act, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 393, RSMo, is amended by adding thereto fifteen new sections, to
2 be known as sections 393.2000, 393.2010, 393.2020, 393.2030, 393.2040, 393.2050,
3 393.2055, 393.2060, 393.2070, 393.2080, 393.2090, 393.2100, 393.21 10, 393.2120, and
4 393.2130, to read as follows:
393.2000. Sections 393.2000 to 393.2130 shall be known and may be cited as
2 "The Electric Choice and Competition Law".
393.2010. Consistent with the timelines established in section 393.2040, the
2 pr ovisions of sections 393.2000 to 393.2130 shall govern the sale of electric energy in the
3 state of Missouri, and any provi sion of law that conflicts with the pro visions of sections
4 393.2000 to 393.2130 shall be invalid and void.
393.2020. For purposes of sections 393.2000 to 393.2130, the commission is
2 authorized to promulg ate rules as necessary to implement these pr ovisions, consistent
3 with section 386.125. The commission may promulg ate all necessary rules and
4 r egulations for the administration of sections 393.2000 to 393.2130. Any rule or portion
5 of a rule, as that term is defined in section 536.010, that is cr eated under the authority
6 delegated in this section shall become effective only if it complies with and is subject to
7 all of the pr ovisions of chapter 536 and, if applicable, section 536.028. This section and
8 chapter 536 are nonseverable and if any of the powers vested with the general assembly
9 pursuant to chapter 536 to revi ew , to delay the effective date, or to disappr ove and annul
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
10 a rule are subsequently held unconstitutional, then the grant of rulemaking authority
11 and any rule prop osed or adopted after August 28, 2026, shall be invalid and void.
393.2030. As used in sections 393.2000 to 393.2130, the following terms shall
2 mean:
3 (1) "Aggregat ion prog ram", a gr ouping of r etail customers, usually res idential
4 customers, into a buying gr oup to pur chase energy generation services in bulk fr om a
5 r etail electric supplier;
6 (2) "Anticompetitive conduct" or "discriminatory conduct", actions of an
7 electric utility that inhibit the ability of ret ail electric suppliers to pr ovide electric supply
8 to ret ail customers or that creat e an impres sion that any electric supply by the electric
9 utility is superior to offerings in the competitive market or pr ovides an advantage to any
10 r elated r etail electric supplier over nonaffiliated r etail electric suppliers;
11 (3) "Commission", the public service commission of the state of Missouri;
12 (4) "Competitive procu rem ent process ", an auction or other competitive pro cess
13 in which wholesale electric suppliers submit bids to pr ovide electric supply to the
14 electric utility for purposes of serving default supply service;
15 (5) "Competitive transition charge", a nonbypassable charge mechanism for the
16 r ecovery of transition or stranded costs by the electric utility over a limited time;
17 (6) "Default supply service", an electric supply service pr ovided by the electric
18 utility , or a nonutility entity selected by the commission, upon transition to a competitive
19 market for customers who do not choose a r etail electric supplier;
20 (7) "Delivery service rates", the charges for the delivery or transmission of
21 electric power and energy;
22 (8) "Dual bill", an invoicing framework in which the ret ail customer r eceives a
23 bill fr om the ret ail electric supplier that includes charges for electric supply services and
24 another fr om the electric utility for transmission and distribution services;
25 (9) "Electric supply" or "electric supply services", the sale or pur chase of
26 electricity by a reta il customer fr om a reta il supplier or fr om a default supply service
27 pr ovider;
28 (10) "Electric utility" or "investor -owned utilities", an electric corporation as
29 defined in subdivision 15 of section 386.020. "Electric utility" or "investor -owned
30 utilities" shall not include municipally owned electric utilities operating under chapter
31 91 or rural electric cooperatives operating under chapter 394, but such municipally
32 owned or rural electric cooperatives may choose to opt into a competitive ret ail market
33 and be bound by the applicable prov isions of the electric choice and competition law;
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34 (1 1) "Energy assistance customers", a resi dential customer who is qualified as
35 eligible for energy-rel ated billing assistance due to their income level and enroll ed in an
36 energy assistance progra m;
37 (12) "Hourly prices", the charges for default supply service that vary hour to
38 hour and ar e determined fr om wholesale market prices using a methodology appr oved
39 by the commission;
40 (13) "Independent system operator", an independent and federally reg ulated
41 entity that coordinates regio nal transmission to ensure nondiscriminatory access to the
42 electric grid and a rel iable electricity system;
43 (14) "Large commer cial and industrial customer", a customer receivi ng
44 transmission and distribution service fro m the electric utility under a nonr esidential
45 tariff and whose maximum register ed peak load was great er than 1000 kW within the
46 last twelve months;
47 (15) "Market power", the re fer ence to a company's r elative ability to
48 manipulate the market-clearing price of an item by manipulating the level of supply ,
49 demand, or both;
50 (16) "Medium commer cial or industrial customer", a customer receivi ng
51 transmission and distribution service fro m the electric utility under a nonr esidential
52 tariff and whose maximum regi stered peak load was gr eater than 150 kW , but less than
53 1000 kW , within the last twelve months;
54 (17) "Nonbypassable", a charge that all customers shall pay irre spective of their
55 energy supplier;
56 (18) "Opt-out", an aggre gation pr ogram that automatically enr olls participants
57 in the gr ouping unless they individually opt out of the pr ogram and choose not to be
58 included;
59 (19) "Rate unbundling", the pro cess of separating the cost components of
60 delivery services and electric supply services in the electric utility tariffs;
61 (20) "Residential customer", a customer r eceiving transmission and distribution
62 service fr om the electric utility under a res idential tariff;
63 (21) "Retail customer", a customer pur chasing electric supply fro m the electric
64 utility supplier or fr om a ret ail electric supplier;
65 (22) "Retail electric supplier", a person or entity licensed by the commission to
66 furnish electric supply to r etail customers;
67 (23) "Small commercial or industrial customer", a customer r eceiving
68 transmission and distribution service fro m the electric utility under a nonr esidential
69 tariff and whose maximum r egister ed peak load was less than 150 kW within the last
70 twelve months;
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71 (24) "Supplier consolidated bill", an invoicing framework in which a single bill
72 is pr ovided to the ret ail customer by the ret ail electric supplier that includes charges for
73 electric supply services and transmission and distribution services;
74 (25) "T ransition costs" or "stranded costs", the costs that would have been
75 r ecoverable by electric utilities in a monopoly envir onment but are not reco verable in a
76 competitive generation market. Costs include electric generation r elated assets and
77 other deferred charges, the unfunded portion of nuclear decommissioning costs,
78 envir onmental expenses pr eviously incurr ed, cost obligations under long-term contracts,
79 and consumer education and other costs associated with implementing electric choice, in
80 addition to any costs appr oved by the commission. These costs are to be collected over a
81 limited time period via the competitive transition charge;
82 (26) "T ransmission and distribution service", the delivery of electricity pr ovided
83 by the electric utility over its transmission and distribution systems;
84 (27) "Utility consolidated bill", an invoicing framework in which a single bill is
85 pr ovided to the ret ail customer by the electric utility that includes charges for electric
86 supply services and transmission and distribution services.
393.2040. 1. The commission shall develop pr ocedur es for a fair and orderly
2 transition fro m the curr ent monopoly structur e to a competitive market for the
3 generation and sale or pur chase of electricity .
4 2. Electric utilities shall provi de equal and open access over their transmission
5 and distribution systems to allow r etail electric suppliers to sell electricity dir ectly to
6 r etail customers in this state.
7 3. T wenty-four months after August 28, 2026, the commission shall permit
8 commer cial and industrial customers of electric utilities to choose a ret ail electric
9 supplier .
10 4. On a time frame selected by the commission, but no later than eighteen
11 months following the date at which commer cial and industrial customers ar e permitted
12 to choose a r etail electric supplier , the commission shall then permit re sidential
13 customers of electric utilities to choose a re tail electric supplier . Nothing in this section
14 shall adversely affect the ability of energy assistance res idential customers to reta in
15 access to all financial assistance benefits curren tly available to qualifying low-income
16 customers, rega rdless of the ret ail customer ’ s choice of supplier of electric supply
17 services.
393.2050. 1. Consistent with the timelines established in section 393.2040, all
2 r etail customers of electric utilities shall have the ability to choose a ret ail supplier for
3 electric supply services.
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4 2. Each electric utility shall submit to the commission a res tructuring plan to
5 implement the ability for r etail customers to choose a ret ail electric supplier for electric
6 supply services. The plans shall be submitted, pursuant to a schedule established by the
7 commission, on or befor e the date that is twelve months prior to the implementation
8 date for the commer cial and industrial customers to choose a ret ail electric supplier .
9 3. A r estructuring plan shall include, in addition to other components
10 determined by the commission, the following:
11 (1) Identification and quantification of transition or stranded costs, along with
12 an explanation of mitigation efforts taken by the electric utilities to minimize these costs;
13 (2) Pr oposed nonbypassable transition charges for each customer class for the
14 r ecovery of transition or stranded costs;
15 (3) Pr oposed unbundled rates for each customer class for generation,
1 6 transmission, and distribution services;
17 (4) A description of the unbundling pr ocess, including an explanation of the
18 steps taken by the electric utility to ensur e that the pr oposed unbundled rates do not
19 r esult in the crea tion of cr oss subsidies that adversely affect res idential customers;
20 (5) Pr ocedur es for ensuring the ability to choose a licensed ret ail electric supplier
21 for electric supply services;
22 (6) Pr ocedur es describing the ability of r etail suppliers to obtain historic usage
23 data, and other releva nt information for pricing and invoicing and communication
24 functions with r etail customers;
25 (7) Pr ovisions describing the proc edur es for the administration of and
26 coordination between electric utilities and r etail electric suppliers to pr ovide access to
27 r etail customer data necessary for pricing, contracting, dual billing, utility consolidated
28 billing, and supplier consolidated billing functions;
29 (8) Pr ocedur es governing the default supply service supply rates; and
30 (9) T ariffs and rate schedules implementing each of the above.
31 4. The commission shall r eview each restructurin g plan and, after evidentiary
32 hearings pr oviding notice and opportunity to be heard for all parties, issue an order
33 accepting, modifying, or rej ecting the plan no later than six months fr om the filing of the
34 plan. If the commission rejec ts the plan, it shall state the specific reas ons and dir ect the
35 electric utility to file an alternative plan within thirty days. The commission shall
36 r eview the alternative plan and solicit comments fr om intere sted parties in a timely
37 manner to enable the ability for commer cial and industrial customers to choose a reta il
38 electric supplier in the time frame provi ded in section 393.2040.
393.2055. 1. Electric utilities shall unbundle the rates charged for generation,
2 transmission, and distribution services for all customer classes consistent with the time
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3 frame for choosing a ret ail electric supplier as prov ided in sections 393.2040 and
4 393.2050.
5 2. Following the implementation of the unbundled rates under sections 393.2040
6 and 393.2050, the commission shall no longer r egulate generation of electricity as a
7 public utility function except as otherwise prov ided for in the pr ovision of default supply
8 services in section 393.2090. The commission shall continue to r egulate transmission
9 and distribution of electricity as natural monopoly functions.
393.2060. 1. Each electric utility shall be permitted to recover transition or
2 stranded costs, that traditionally would have been recov erable in a monopoly
3 envir onment but are not reco verable in a competitive electric generation market and
4 that the commission determines will r emain following mitigation by the electric utility ,
5 in accordance with the time frame established by section 393.2040 and the divestitur e
6 pr ocess outcomes in section 393.2070.
7 2. The commission shall appr ove the reco very levels and time periods over which
8 the stranded cost charges are to be collected via the competitive transition charge. The
9 commission shall take into consideration the electric utility’ s prev iously expected rate of
10 r eturn on the generation assets, the pr oceeds obtained in the divestitur e proc ess, and the
11 effect on the ret ail customer ’ s cost levels. The commission may also consider other
12 criteria deemed appr opriate by the commission in assessing the stranded cost reco very
13 levels and the period of collection.
393.2070. 1. At any time prior to and consistent with the time frame for
2 choosing a r etail electric supplier as pr ovided in section 393.2040, electric utilities shall
3 divest their generation assets. These generation assets may be divested at the discr etion
4 of the electric utility and with the appr oval of the commission:
5 (1) By selling generation assets to an unaffiliated entity , or entities, at a fair
6 market value;
7 (2) By transferring generation assets to a nonutility affiliate at a fair market
8 value; and
9 (3) By a combination of the methods of subdivisions (1) and (2) of this
10 subsection.
11 2. During and after the divestitur e process , the commission shall determine
12 whether it is necessary to establish, in addition to existing independent system operator
13 market power pr otections that may be applicable, an independent market monitor to
14 ensur e that no entity owns generation assets in an amount that gives that entity market
15 power .
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393.2080. 1. Consistent with the time frame for choosing a ret ail electric
2 supplier as pr ovided in sections 393.2040 and 393.2050, electric utilities shall provi de
3 default supply service to ret ail customers that do not choose a ret ail electric supplier .
4 2. Default supply service for large commer cial and industrial customers shall
5 consist of hourly prices for electric energy , along with any additional costs incurr ed in
6 the pro vision of such services by the independent system operator .
7 3. Default supply service for medium commer cial and industrial customers shall
8 commence with a rate set every six months thr ough a competitive procu rem ent pro cess
9 along with any additional costs incurr ed in the pr ovision of such services by the
10 independent system operator . If at any time less than seventy percen t of the annual
11 megawatt hour consumption of this rate class is served by the competitively pr ocur ed
12 pr ocess, the commission shall initiate a pr oceeding within thr ee months of the less than
13 seventy per cent thr eshold being reach ed to establish a pro cess to phase out the
14 competitively pr ocured pro cess and r eplace it with the hourly priced default supply
15 service.
16 4. Default supply service for small commer cial and industrial customers shall
17 commence with a rate set annually thr ough a competitive pr ocurement pro cess along
18 with any additional costs incurr ed in the provi sion of such services by the independent
19 system operator . If at any time less than sixty per cent of the annual megawatt hour
20 consumption of this rate class is served by the competitively procu red pr ocess, the
21 commission shall initiate a procee ding within thr ee months of the less than sixty per cent
22 thr eshold being reac hed to establish a process to phase out the competitively pr ocur ed
23 pr ocess and re place it with the hourly priced default supply service.
24 5. Default supply service for r esidential customers shall commence with a rate
25 set annually thr ough a competitive pro curement pr ocess along with any additional costs
26 incurr ed in the pr ovision of such services by the independent system operator . If at any
27 time less than fifty percen t of the annual megawatt hour consumption of this rate class is
28 served by the competitively pr ocur ed pr ocess, the commission shall initiate a pr oceeding
29 within thr ee months of the less than fifty percen t thr eshold being reach ed to establish a
30 pr ocess to phase out the competitively procu red pr ocess and r eplace it with the hourly
31 priced default supply service or another default supply service appr oved by the
32 commission.
33 6. Each of the competitive pr ocur ement pro cesses in this section shall consist of a
34 wholesale power auction or similar competitive process to establish a clearing price or
35 rate, including energy , capacity , transmission, ancillary services, and other services
36 identified by the commission, for the reta il customers in each rate class that do not
37 choose a r etail electric supplier . These auctions shall occur on a commission-appr oved
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38 schedule consistent with the default supply services described above and as fr equently
39 as necessary .
40 7. For each default supply service rate class category , the ret ail rate shall also
41 include all administrative and operational costs, including dir ect and indir ect costs, that
42 ar e incurr ed to pr ovide default supply service to ret ail customers.
43 (1) Direc t costs to pro vide default supply service shall be fully assigned to the
44 rate for each rate class. Indirect or shared costs incurr ed to pr ovide default supply
45 service shall also be allocated to the rate for each rate class. The appr opriate allocation
46 of indirect or shared costs shall be determined in accordance with standard utility
47 ratemaking practices and thr ough a fully allocated cost study performed by the electric
48 utility and pr esented to the commission, subject to stakeholder input. This cost study
49 shall include each and every cost category that can reas onably be deemed to pr ovide or
50 support the pr ovision of default supply service.
51 (2) The level of indirect costs to be recov ered in the default supply service rate in
52 this section shall be r eevaluated at a time deemed appr opriate by the commission but in
53 no case gr eater than every six months. A commission-appr oved tariff shall be
54 established to administer this quarterly cost and cre dit mechanism.
55 8. For each rate class, once an hourly priced default supply service provi ded by
56 the electric utility has been in operation for six months, the commission shall initiate a
57 pr oceeding to establish a pro cess to phase out the electric utility pr ovided hourly priced
58 default supply service with an alternative electric supply service provi ded by one or
59 mor e reta il electric suppliers for the purpose of supplying r etail customers in the rate
60 class who do not choose a r etail electric supplier .
393.2090. 1. The commission may establish a separate proce ss for the supply of
2 electric supply service for energy assistance customers in each electric utility service
3 territory . This pr ocess shall include the gro uping of this subset of res idential customers
4 into an aggr egation prog ram.
5 2. This aggr egation of customers to be supplied electric supply services by a
6 r etail supplier shall be chosen by a competitive bidding pr ocess established by the
7 commission for a term length established by this process . This competitive bidding
8 pr ocess may be repea ted in advance of the expiration of the initial term length for the
9 next term.
10 3. The ret ail supplier selected in this pr ocess shall offer a price at or below the
11 default supply service rate set annually thr ough a competitive pr ocurement pr ocess for
12 r esidential customers as described in section 393.2080 for the same or similar term
13 length. When the competitively procu red pro cess for default supply service for
14 r esidential customers is r eplaced with an hourly default supply service for res idential
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15 customers, the commission may institute an alternative pricing thr eshold for acceptance
16 for purposes of electric supply service under this energy assistance customer
1 7 aggr egation pr ogram.
18 4. Energy assistance customers shall have the ability to opt out of the electric
19 supply service aggr egation option but shall forgo their energy assistance rel ief if they do
20 so.
21 5. The commission shall institute a public hearing regard ing the energy
22 assistance customer section to gather input on the rules prior to implementation of the
23 energy assistance customer aggr egation pr ogram.
393.2100. 1. All electric utilities have an obligation to pr ovide open and
2 nondiscriminatory access to their data and systems as needed for r etail electric suppliers
3 to pr ovide electric supply and to establish and maintain an effective and vibrant
4 competitive market in the pur chase and sale of reta il electricity in the state. All electric
5 utilities shall continue to pr ovide metering services but customer -specific data and other
6 r elevant customer information shall be made available to ret ail electric suppliers so long
7 as the re tail electric suppliers recei ve r etail customer’ s consent for the rel ease of the
8 data.
9 2. The commission shall develop pro cesses for ret ail electric suppliers to confirm
10 and document the r etail customer ’ s consent to relea se data; however , such pr ocesses
11 shall not r equir e oner ous signature or other r equir ements to be r eceived fr om the reta il
12 customer . Commonly used digital signature or similar technologies consistent with
13 curr ent technological capabilities shall be allowed to confirm customer consent.
14 (1) Historical usage data access shall include at least two years of customer usage
15 or metering data and other customer information requ ired to facilitate an electric
16 supply transaction to include, but not be limited to, customer class details, capacity and
17 transmission allocations, and loss factors.
18 (2) Historical usage data shall include both monthly summaries and hourly
19 interval data, if available, both at the kilowatt hour energy and kilowatt demand levels.
20 (3) While a ret ail customer is under contract for electric supply with a reta il
21 electric supplier , the electric utility shall make available to the ret ail electric supplier
22 such usage data as necessary to facilitate invoicing in a timely manner .
23 3. Retail customers shall have the ability to select their pr eferr ed billing method
24 including, but not limited to, utility consolidated billing of electric supply services and
25 delivery service charges, supplier consolidated billing of electric supply services and
26 delivery service charges, as well as the dual billing option for these charges.
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27 4. The dual billing option shall be available and operational when commerci al
28 and industrial customers can choose their reta il supplier for electric supply services as
29 pr ovided in section 393.2040.
30 5. The commission shall institute a pr oceeding to develop the necessary
31 pr ocedur es and req uir ements to implement the utility consolidated billing and supplier
32 consolidated billing methods to be in place and operational by the commencement of the
33 ability for res idential customers to choose their ret ail electric supplier as pro vided in
34 section 393.2040.
35 6. Within six months of r esidential customers gaining the ability to choose a
36 r etail electric supplier , electric utilities shall implement an accelerated switching pro cess
37 so res idential customers may change ret ail electric suppliers within thr ee business days
38 of r eceiving the enr ollment transaction. Additionally , res idential and small commer cial
39 and industrial customers moving within an electric utility’ s territory shall have their
40 r etail electric supplier of electric supply services transferred dire ctly to their new service
41 location without being req uired to switch to a default supply service rate prov ided by
42 the electric utility or other supplier .
43 7. The commission is authorized to investigate and establish guidelines for
44 additional pr ograms designed to enhance the ret ail customer ’ s experience in choosing a
45 r etail electric supplier for electric supply services that impr ove the ability of reta il
46 electric suppliers to offer additional electric supply services and other relat ed pr oducts
47 and services to reta il customers. Such pr ograms may include, but are not limited to,
48 pur chase of re ceivables, demand-r esponse, net-metering incentives, community solar ,
49 customer r eferral, and municipal aggr egation pr ograms.
393.21 10. 1. Six months after August 28, 2026, the commission shall commence a
2 pr oceeding to develop a robust customer education pro gram to ensur e that all reta il
3 customers have access to accurate information about their ability to choose a reta il
4 electric supplier . The proceed ing shall explor e ways for the commission to partner with
5 electric utilities and for ret ail electric suppliers to disseminate commission-endorsed
6 educational pieces as well as appr opriate cost recov ery fr om all customers to support the
7 customer education pr ogram. The commission, at its discr etion, may delegate to the
8 office of ret ail market development some or all of the administrative work r equir ed in
9 the development of the customer education pr ogram.
10 2. T o the extent the costs for the customer education pr ogram are known when
11 the res tructuring plans ar e filed, costs may be appr oved for reco very thr ough the
12 nonbypassable competitive transition charge.
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13 3. The commission shall explor e the use of a website option, or shopping website,
14 that explains the choices and makes comparisons between the electric supply services
15 and relat ed prod ucts being offer ed by re tail electric suppliers.
393.2120. 1. No entity shall engage in the business of electric supply services in
2 this state unless such entity holds a ret ail electric supplier license issued by the
3 commission. The commission shall issue such license only upon finding that the entity is
4 fit, willing, and able to prop erly perform the service pr oposed and to conform to all legal
5 r equir ements consistent with the public interes t and the policies declar ed in this section.
6 2. The commission shall develop a licensing pro cess to ensur e ret ail electric
7 suppliers seeking to do business in the state submit a license application to the
8 commission, subject to rules and reg ulations pr omulgated by the commission including,
9 but not limited to:
10 (1) A standard written application to gather the information needed to assess the
11 technical fitness of an applicant or its management team;
12 (2) Internal proced ures to proce ss written applications no later than ninety days
13 after they are prop erly submitted;
14 (3) Reasonable financial security requi reme nts to ensure the financial
1 5 r esponsibility of the ret ail electric supplier; the electric supply services to reta il
16 customers in accordance with contracts, agr eements, or arrangements; and the payment
17 of all requ ired applicable state taxes;
18 (4) Each entity that applies for a ret ail electric supplier license shall pay a
19 licensing fee and execute and maintain a bond or other financial sur ety instrument
20 issued by a qualifying sur ety or insurance company or other financial institution
21 authorized to transact business in the state:
22 (a) The amount of the licensing fee shall not exceed ten thousand dollars;
23 (b) The amount of the sur ety shall equal five hundred thousand dollars per reta il
24 electric supplier license as issued by the commission; and
25 (c) The financial sur ety shall be conditioned upon the full and faithful
26 performance of all duties and obligations of the applicant as a r etail electric supplier
27 and shall be valid for a period of not less than one year . The cost of the sur ety shall be
28 paid by the applicant. The applicant shall file a copy of this sur ety , with a notarized
29 verification page fro m the issuer , as part of its application for certification; and
30 (5) Applicants shall complete a commission-appr oved training and certification
31 pr ocess.
32 3. The commission shall monitor the reta il power market for the supply and
33 distribution of electricity to ret ail customers and take steps to pr event anticompetitive
34 or discriminatory conduct and the unlawful exer cise of market power .
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35 4. The commission shall have the authority under this section to impose civil
36 penalties, after due pr ocess, in an amount not to exceed one hundr ed thousand dollars
37 per violation, on entities that engage in anticompetitive or discriminatory conduct and
38 the unlawful exer cise of market power .
39 5. Any proceed ings initiated pursuant to this section shall be subject to the
40 pr ovisions of sections 386.400 to 386.610 re lating to proced ure befor e the commission
41 and the pro visions of sections 386.700 and 386.710 relat ing to the office of public
42 counsel. Pr ovisions of these sections that ar e applicable to proc eedings involving electric
43 utilities shall apply equally to ret ail electric suppliers.
393.2130. 1. The commission shall establish an "Office of Retail Market
2 Development and Oversight", her ein after ref erred to as the "office", to be funded by
3 an annual assessment of ret ail electric suppliers based on a formula to be determined by
4 the commission not to exceed twenty thousand dollars annually per licensed entity .
5 2. The office shall have the authority to actively seek input fr om all intere sted
6 parties and to develop a thorou gh understanding and critical analyses of the tools and
7 techniques used to pr omote ret ail energy competition.
8 3. The office shall monitor existing competitive power market r elated conditions
9 in the state, identify barriers to r etail competition for all customer classes, and actively
10 explor e and pr opose to the commission solutions to overcome identified barriers and
11 enhance the competitive ret ail power market.
12 4. The office shall publish a report at least annually , as determined by the
13 commission, including the number of complaints filed against each ret ail electric
14 supplier , post res olution, and other information deemed re levant by the office.
15 5. The office shall have the authority to addr ess violations by reta il electric
16 suppliers thr ough the imposition of a pr obationary status which may include, but not be
17 limited to, enhanced oversight, additional r eporting requi rem ents, and submission for
18 commission appr oval of a plan for any fines or rem ediation to customers specific to any
19 r etail electric supplier that violates regu lations or any rules subject to this section.
20 6. The office shall r eport to the commission any reco mmendations for suspension
21 or rev ocation of a r etail supplier’ s license.
22 7. The office shall develop and implement, with stakeholder input, a commission-
23 appr oved pr ogram that req uires a designated r epresent ative of each licensed reta il
24 electric supplier to demonstrate a thoro ugh understanding of the commission's
25 r egulations r egarding sales, consumer pr otection, and any other matter the
2 6 commission deems appr opriate thr ough an online training pro gram.
27 8. At the conclusion of the training, the office shall conduct an online
28 examination and, on a satisfactory scor e, certify that the designated repr esentative of
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29 the licensed reta il electric supplier has successfully completed the training in a timely
30 manner .
31 9. The office shall determine the schedule and fr equency by which a designated
32 r epresent ative of a licensed ret ail electric supplier shall complete the training and
33 certification. The commission shall not issue a license to a new ret ail electric supplier
34 until a designated rep res entative completes the training and certification.
35 10. The office shall make rec ommendations to the commission concerning the
36 establishment of guidelines for the provi sion of electric supply services to re sidential
37 customers that ensure :
38 (1) Accurate and adequate pricing information throu gh marketing and
39 disclosur e statements;
40 (2) An understandable format that enables comparing prices and services on a
41 uniform basis; and
42 (3) Clear pr ocesses to confirm and document a customer ’ s intent to switch reta il
43 electric suppliers to avoid any unauthorized switches of ret ail electric suppliers for
44 electric supply services.
45 1 1. The office, at the discr etion of the commission, may be tasked with some or
46 all of the administrative work requ ired in the development of the customer education
47 pr ogram.
✔
HB 2207 13